Jury: SAP owes Oracle $1.3 billion for copyright infringement

Jury: SAP owes Oracle $1.3 billion for copyright infringement

Summary: A federal jury sent a strong message today, awarding Oracle $1.3 billion in damages in a copyright infringement case against SAP.

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TOPICS: Oracle, SAP
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A federal jury sent a strong message today, awarding Oracle $1.3 billion in damages in a copyright infringement case against SAP.

This screenshot from the verdict says it all.

In closing arguments, Oracle called for damages of $1.7 billion while SAP lawyers, arguing that actual damages were more realistic than potential damages, called for an award closer to $28 million.

In a statement, SAP said: (via Digital Daily blog)

We are, of course, disappointed by this verdict and will pursue all available options, including post-trial motions and appeal if necessary. This will unfortunately be a prolonged process and we continue to hope that the matter can be resolved appropriately without more years of litigation. The mark of a leading company is the way it handles its mistakes. As stated in court, we regret the actions of TN, we have accepted liability, and have been willing to fairly compensate Oracle. Throughout this matter, our customers, employees and partners have stood by us and, for that, we are grateful. Our focus now is looking forward, helping our customers be best run businesses, and extending our legacy of industry leadership well into the future. We thank the jury for its diligent service through this lengthy trial and the Court for its supervision of this complex case.

The trial was never about the copyright infringement itself. SAP accepted responsibility for the theft of software by TomorrowNow, a third party support provider acquired by SAP in 2005 but shut down in 2008. However, it argued that Oracle's request for more than $1 billion in damages was overinflated by a large margin and, at one point, offered $40 million to settle.

During its earnings report in last month, SAP said it had increased its provisions for the TomorrowNow case to $160 million, from $100 million.

According to Bloomberg, Oracle lawyer David Boies said:

The underlying theme of the case came down to damages. The facts of damages proven by the contemporaneous record of both companies was quite clear.

Bloomberg called the award the highest ever in a copyright infringement case, citing its own data. The largest away previously was $136 million awarded to the Recording Industry Association of America in a 2002 case against Media Group Inc. for copying and distributing music.

Here's the Oracle-SAP verdict document itself:

Previous Oracle-SAP coverage:

Topics: Oracle, SAP

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32 comments
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  • next, M$ should pay the piper!

    all the thieves must pay!
    Linux Geek
    • You really need to get a life.

      @Linux Geek: nt
      ye
      • This is his life

        ye, and that is fine. It is much better for society that he remains here posting, as his comments are inconsequential. If he was on the street he may become a danger to himself and those around him.

        Image if you would, the damage, should he have one of his "moments" while operating a motor vehicle.
        :|
        Tim Cook
      • RE: Jury: SAP owes Oracle $1.3 billion for copyright infringement

        @ye If sitting in your mothers basement living on your parents still is a life...then I think he qualifies.
        ItsTheBottomLine
    • RE: Jury: SAP owes Oracle $1.3 billion for copyright infringement

      @Linux Geek
      And then Google, because nothing is original in their camp after all.
      Ram U
    • RE: Jury: SAP owes Oracle $1.3 billion for copyright infringement

      @Mister Spock
      Good point. But you have to admit with such narrow focus and obviously no life, it's funny to read such warped minds. He is very funny to read (i.e. laugh at).
      ItsTheBottomLine
    • RE: Jury: SAP owes Oracle $1.3 billion for copyright infringement

      @Linux Geek

      Then when shall you pay for the theft of your employer's time when you're here proving your ignorance instead of working?
      Hallowed are the Ori
  • RE: Jury: SAP owes Oracle $1.3 billion for copyright infringement

    If you are in IT and you wrote a report ever, you infringed on a patent. If you created a query, if you edited an XML, created a simple website, you infringed.
    A grass roots revolt is necessary. The large firms simply are trying to tighten down their position. Stagnant wealth is one of the key viruses that kills all societies and the wealth that has been in place for the last few centuries is very stagnant to say the least
    DiggityDoug
    • You obviously don't work in any real IT shop then..

      @DiggityDoug ...because then you'd know that writing a query, authoring a website, or writing a report is a work in of itself - using Crystal Reports to write a report is the same as using Word to write a novel - the report and the novel belong to the author.

      Now you would be correct in saying that editing someone else's query, report, XML file, or website WOULD be copyright infringement, as long as you haven't been given explicit permission to do so. In most customizable enterprise environments, such permission is given along with the license to the software. Even Microsoft software. Even Oracle software. Even SAP software.

      See - no revolt needed. Just a little respect for other peoples' property.
      daftkey
    • RE: Jury: SAP owes Oracle $1.3 billion for copyright infringement

      If you are in IT and you wrote a report ever, you infringed on a patent. If you created a query, if you edited an XML, created a simple website, you infringed.<br>A grass roots revolt is necessary. The large firms simply are trying to tighten down their position. Stagnant wealth is one of the key viruses that kills all societies and the wealth that has been in place for the last few centuries is very stagnant to say the least<br><br>Thanks for your appreciation of my contribution.<br><br>The words and ideas are not my own but I am providing them at a discount, therefore adding to society's progress and benefitting the consumer.

      I can provide this to you at a cheaper price because I do not need to pay for the thinking and writing of this post. Copying and pasting is so much more efficient than the R&D.

      You were being ripped off by DiggityDoug because he wanted money to feed his family whilst he crafted the words, how dare he expect anything beyond payment for the cost of materials involved in copying the text!!!
      richardw66
      • RE: Jury: SAP owes Oracle $1.3 billion for copyright infringement

        @richardw66 LOL

        Nice one and great point. Seems to be the constant these days.

        LEGAL: this post is hereby trademarked and I stand to loose millions so if you copy and paste this I will sue. (j/k of course, copy and paste away lol)
        spdrcrtob
  • I wonder what would have happened if...

    They'd got that guy Apotheker (sp?) to testify.
    zkiwi
  • RE: Jury: SAP owes Oracle $1.3 billion for copyright infringement

    a billion here, a trillion there...no big deal, put it on my Charge Card.
    james347
  • The winners are....

    unforunately: the lawyers. End of topic.
    ZStoner
    • RE: Jury: SAP owes Oracle $1.3 billion for copyright infringement

      @ZStoner AMEN! and "unfortunate" is 100% correct. The worse thing is....Gov't is FULL of useless empty suits of lawyers, Scary isn't it.
      ItsTheBottomLine
      • RE: Jury: SAP owes Oracle $1.3 billion for copyright infringement

        @ItsTheBottomLine

        America has more lawyers (not per capita, but numerically) than all other countries in the world combined - 'nuff said.
        KJQ
      • RE: Jury: SAP owes Oracle $1.3 billion for copyright infringement

        @ItsTheBottomLine
        How many lawyers does it take to change a lightbulb ?
        3 - One to climb the ladder, one to shake the ladder, and one to sue the ladder company.
        IAFarm2
  • This is absurd!!!

    WTF?? $1.3 billion? Can Oracle show how they LOST $1.3 billion because of SAP's infringement?? Christ!!

    Anyhow, the USA is going down the tubes...
    Massive OBESITY in its population with fast food raking in billions; a corrupt election system that allows private money to influence elections; an overbloated military that needs to have bases all over the planet to JUSTIFY its huge expenditure; a corrupt pharmaceutical industry that's afraid of all the benefits of Hemp (cannabis/marijuana), thus denying Americans access to cheap alternative natural CURES; the list goes on but I'll end here.

    God I'm glad I don't live in the US.

    Max "The IT Pro"
    http://MaxTheITpro.com
    maxtheitpro
    • RE: Jury: SAP owes Oracle $1.3 billion for copyright infringement

      @maxtheitpro
      And this is related to the article how??? I can't seem to think of any examples right now but this looks like the courts are making an example. SAP will fight this and that 1.3 billion will most likely drop drastically.
      Proud to be an American. BTW...did you find a place to live with no society problems at all? How is life on that planet?
      Anti Fanboy
    • RE: Jury: SAP owes Oracle $1.3 billion for copyright infringement

      @maxtheitpro

      Damages in IP are sometimes triple the lost revenue.

      If this was not the case then why would you not just steal everything - worst case you may have to pay for it - and you would never be worse off by stealing.

      If that makes sense to you then let me know where you live, I may need a few things that I would rather not pay for.
      richardw66